Users' questions

Can employer fire you while on disability?

Can employer fire you while on disability?

Can an employee be fired while on long term disability? Yes, employment can be terminated for someone receiving long term disability. However, this is a very subjective call and employers need to err on the side of caution.

What happens if I lose my job while on disability?

The answer to this question is as follows: If disability benefit payments are made by an insurance company, the simple answer is no, benefits will not cease. If disability payments are made by an employer, benefit payments may cease upon the loss of employment in rare situations.

How long does an employer have to hold a job for someone on disability in New York?

It depends on whether the disability is work related or not. If work related usually 1 year. If not work related, if you qualify under family medical leave act, then you can take up to 12 weeks.

How many hours can you work if you are on disability?

All DSP recipients will be able to work up to 30 hours a week without their payment being suspended or cancelled, subject to the income test.

How long is your job protected while on disability?

Your job may be protected under other laws, such as the FMLA or the CFRA. DI provides up to 52 weeks of paid benefits when you are unable to work and have a wage loss due to your own non-work-related illness, injury, pregnancy, or childbirth.

What is the maximum disability benefit in New York?

$170 per week
Disability benefits will pay 50% of your average wages (calculated over the prior eight weeks) up to a maximum of $170 per week. Benefits will begin on your eight consecutive day out of work; the first seven days is an unpaid waiting period. You can receive benefits for a maximum of 26 weeks in a 52-week period.

What are the benefits of long term disability?

Long Term Disability (LTD) Insurance provides financial assistance when a covered plan member is unable to work due to an accident, illness or injury that prevents them from completing the duties of their own occupation. Depending on the nature of the disability, the benefit can provide income replacement up to age 65.

Can a person get fired for being on disability?

If you are fired for discrimination based on your disability then you may be able to bring a claim. However, how do you prove it? Also, in NY as long as there is a legitimate reason then the employer likely can terminate you, especially if they did not dispute your disability claim.

Can a person be fired for medical leave in New York?

Unless otherwise agreed upon, all employees in New York are at-will employees, meaning that an employer can fire an employee at any time and for any reason, as long as it is not for a specifically enumerated illegal reason, such as due to a disability or for taking a protected medical leave of absence.

What happens if you get fired while on FMLA?

Of course, if you’re fired while receiving disability insurance benefits, you’ll still continue to receive benefits according to the terms of your policy. Finally, remember that FMLA is a federal law, and that some states will have more generous policies regarding unpaid medical leave.

What to do if you get fired in New York City?

Taking sick leave or requesting to be paid for paid sick leave (New York City only). If you work in New York City and have been fired for taking sick leave, file a complaint with NYC Department of Consumer Affairs by following the instructions at

Share this post